USTR Announces Long-Awaited Section 301 Exclusion Process for Domestic Manufacturing Machinery

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In a notice published on September 18, 2024, the U.S. Trade Representative (USTR) announced 14 temporary exclusions for solar manufacturing equipment and a list of subheadings eligible for consideration of temporary exclusion under an exclusion process for certain machinery classified under chapters 84 and 85 of the Harmonized Tariff Schedule of the United States used in domestic manufacturing.

This notice announces that USTR will open an electronic portal for exclusion requests on October 15, 2024, through March 31, 2025, and sets out the procedures for submitting requests. You can read the notice on the Federal Register.

After a product exclusion request is posted on the USTR's online portal, interested parties have 30 days to submit a response, either supporting or opposing the request. Further, each request must identify a particular product and provide supporting data and rationale for the requested exclusion.

USTR will evaluate each request on a case-by-case basis, taking into account the asserted rationale for the exclusion, whether the exclusion would undermine the objective of the section 301 investigation, and whether the request defines the product with sufficient precision.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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